New Judicial Thinking on Sovereignty and Federalism: American and Canadian Comparisons
Bibliographic record
Abstract
This article surveys the development of new doctrines of federalism by the U.S. Supreme Court since the court decided Garcia v. San Antonio Metropolitan Transit Authority (1985). This period is notable for the emergence of diverging attitudes on sovereignty and the role of the states in American federalism. This article discusses the development of these contending models and recent developments in the jurisprudence of federalism by the Supreme Court of Canada. Recent Canadian decisions do not discuss sovereignty. Instead, the Canadian Court promotes a balanced view of federalism, which is particularly evident in Reference Re: Firearms Act (Can.). The Canadian Court's studious avoidance of a principled position may be more deceptive politics than that plied by the highly criticized American Court. More important, the Canadian experience, which patiently builds up doctrines around precedent rather than theory, may be an example for the American Court.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.003 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".